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Harrasment charges

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  • 19-05-2018 4:18pm
    #1
    Rich9
    Closed Accounts Posts: 9 ✭


    I have been up on harrasment charges since last year the judge struck it out at Xmas and I've heard nothing back since is there time limits regarding case?


Comments

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    #2
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Struck out? You answered this yourself.


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    #3
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    Dpp can 're enter


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    #4
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Rich9 wrote: »
    Dpp can 're enter

    Incorrect, a struck out case can be heard again as the matter has not been determined by the court.

    A dismissal on the other hand can't.


    EDIT: Sorry I miss-read your post, I though you said "can't" re-enter.


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    #5
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    GM228 wrote: »
    Incorrect, a struck out case can be heard again as the matter has not been determined by the court.

    A dismissal on the other hand can't.

    Yes I no that is there a time limit as it was struck out 5 months ago?


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    #6
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Rich9 wrote: »
    Yes I no that is there a time limit as it was struck out 5 months ago?

    There is no time limit per se, but any excessive delay may enable an order of prohibition. Excessive could be for example 24 months later, but, that would be a matter though for the court to decide based on a balancing test.


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    #7
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Rich9 wrote: »
    The cases are dating from July 2015 may 2017

    As I said if it did happen it would be for the court to decide, so if it did happen seek legal advice.


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    #8
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    GM228 wrote: »
    As I said if it did happen it would be for the court to decide, so if it did happen seek legal advice.

    I have seeked legal advice I was told if we got to 1st week off may it would be over his receptionist told me the case was over she said

    My solicitor now saying he's waiting for gardai to get back so il probably be charged!!!


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    #9
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Rich9 wrote: »
    I have seeked legal advice I was told if we got to 1st week off may it would be over his receptionist told me the case was over she said

    If a solicitor told you that, get a new (better) solicitor.

    If the receptionist told you that realise that you should never listen to what a receptionist has to say concerning legal advice.

    To be fair the majority of struck out cases are never revisited, only a few are, but never say never and all that.


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    #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    It is also possible that an indictable offence can be charged on the same facts if a summary disposal is out of time. If it is a legal aid solicitor, they are likely on the ball.


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    #11
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    4ensic15 wrote: »
    It is also possible that an indictable offence can be charged on the same facts if a summary disposal is out of time. If it is a legal aid solicitor, they are likely on the ball.

    There must be some sort off time limit like he told me we get to 1st week off may it will be over the ombudsmen said if I'm charged wi harrasment they will also


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    #12
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    My solicitor said last month its basically dead in the water

    Like are they trying to get as much evidence as they can? ??

    I've no criminal convictions either


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    #13
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Rich9 wrote: »
    I have been up on harrasment charges since last year the judge struck it out at Xmas and I've heard nothing back since is there time limits regarding case?

    Just for interest, what exactly was said in court on the day that the case was struck out ?


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    #14
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    NUTLEY BOY wrote: »
    Just for interest, what exactly was said in court on the day that the case was struck out ?

    No Dpp directions


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    #15
    Rich9
    Closed Accounts Posts: 9 ✭Rich9


    Any 1 else any info be very much appreciated


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    #16
    HowdyPartner
    Registered Users Posts: 1 ✭HowdyPartner


    How long after arrest/questioning did it take to charge you/bring you to court? and why would they take you to court without directions from dpp first?


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    #17
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    The OP has closed account so I am closing this.


This discussion has been closed.
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